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(영문) 서울중앙지방법원 2014.02.21 2013가합63771

저작권으로인한채무부존재확인

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1. Software copyright of the Plaintiff (Counterclaim Defendant) as indicated in the attached software list against the Defendant (Counterclaim Plaintiff).

Reasons

Basic Facts

The software in the attached list of the copyright holders of the instant program (hereinafter “instant program”) was developed and owned by Nonparty B, and was provided to users free of charge until June 7.

B transferred the author’s property right to the instant program to Nonparty C, and C transferred the author’s property right to the instant program to the Defendant on April 1, 2012.

The Defendant registered the instant software with the Korea Copyright Commission as the author of D himself.

The program of this case was operated from Bherher on February 6, 2012 to Bherher on July 7, 2012 to Bherher on (7.0) but was provided free of charge only when it was used for “non-commercial/personal use” from 7.0 but was charged for purchasing “business license” in other cases.

The instant program was operated on August 23, 2012, on the 7.5 Band, on February 15, 2013, on the 8.0 Band, on the 27.8.1 but on June 27, 2013, on the 8.5 Bandon on January 13, 2014.

If a user who has used the instant program 6.7 burner free of charge in the course of the establishment, operation, and utilization of the instant program, implements the instant program after the commencement of the program 7.0 server distribution on February 5, 2012, after the commencement of the instant program 7.0 server distribution, the user selected a confirmation server, the installation of the instant program will proceed.

After the completion of installation, the “Agreement on License Terms and Conditions” is broken, and the user selects the box before the phrase “to be used only for the consent of terms and conditions and for the non-commercial/personal use” (hereinafter “the instant license”) and then selects the confirmer, the instant program will be available.

The user of the instant program installed the instant program 7.0 server on February 5, 2012.